AB-38 defensible space inspection in Orange County.

Does AB-38 apply when selling in Orange County?

Under Assembly Bill 38 (AB-38), selling a home in a California High or Very High Fire Hazard Severity Zone requires documentation of a compliant defensible space inspection before close of escrow. In most of Orange County, the Orange County Fire Authority (OCFA) performs AB-38 inspections at no cost through its Defensible Space Disclosure (DSD) program. The catch is coverage: OCFA serves much of the county but not its contract cities, so a seller’s first job is confirming whether OCFA or a city fire department is responsible for their parcel.

The 2020 Silverado and Bond fires burned through eastern Orange County’s canyon communities — Silverado, Modjeska, and Trabuco — forcing widespread evacuations.

Whether AB-38 applies to a specific Orange County property depends on that parcel's Fire Hazard Severity Zone designation. The fastest way to confirm is to look up the address on the official Fire Hazard Severity Zone map — and our free readiness check flags it from your address as well.

Important: confirm your agency first

OCFA does not serve every Orange County city. Sellers in Anaheim, Brea, Costa Mesa, Fountain Valley, Fullerton, Huntington Beach, La Habra, Laguna Beach, Newport Beach, Orange, and Placentia must contact their own city fire department. Getting this wrong is the most common way a Orange County-area sale stalls — confirm the responsible agency before you request anything.

Who runs the inspection in Orange County

AB-38 inspections in Orange County are performed by the Orange County Fire Authority through its Defensible Space Disclosure (DSD) program. AB-38 applies based on the parcel’s Fire Hazard Severity Zone designation — both High and Very High zones in the State Responsibility Area, and Very High zones in the Local Responsibility Area.

How to request an AB-38 inspection in Orange County

To submit the Defensible Space Disclosure (DSD) inspection request form on the OCFA website.

• Online: OCFA inspection request
• Official program page: Orange County Fire Authority

Programs, fees, and contacts change — always confirm the current process on the official agency page before scheduling.

What it costs in Orange County

The AB-38 inspection in Orange County is free. OCFA states there is no cost for the inspection. You still bear the cost of any remediation work needed to pass.

What's specific to Orange County

• OCFA’s inspection is free — request it through the online Defensible Space Disclosure form.
• OCFA does not cover every Orange County city; confirm your city is in OCFA’s jurisdiction before requesting.

The timeline that trips sellers up

Orange County specifics: OCFA states the compliance documentation is valid for six months from the inspection date, and the inspection must occur within one year of the sale. The exterior inspection takes about 30 minutes.

Under AB-38, the compliance documentation must come from an inspection completed within six months of the sales contract, and the seller delivers it to the buyer before close of escrow. If a passing document can't be obtained in time, AB-38 lets the buyer and seller sign a written agreement in which the buyer takes on obtaining compliance documentation within one year of closing — but that shifts the cost to the buyer and usually shows up in the negotiated price. The clean path is to request the inspection at listing, not in escrow.

How to pass the first time in Orange County

1. Run the free 12-item Zone 0 check before the inspector visits — it covers the items inspectors flag first. Start the check →
2. Clear the first 5 feet: combustible mulch, woodpiles, attached wood fencing, and dead container plants against the wall are the most-cited deficiencies.
3. Clean roof and gutters — the most visible item on any inspection.
4. Handle dead vegetation across the whole property — PRC §4291 covers the full 100 feet, not just Zone 0.
5. Request the OCFA inspection early so a deficiency list still leaves time to remediate and re-inspect inside the six-month window.

Related guides

• AB-38 Explained: California's Point-of-Sale Defensible Space Inspection Law
• Defensible Space Inspection: What to Expect and How to Pass
• Zone 0 Defensible Space Cost

Sources: AB 38 (Wood, 2019); California Civil Code §1102.6f and §1102.19; California Public Resources Code §4291; Office of the State Fire Marshal Fire Hazard Severity Zone maps; ocfa.org; ocfa.org; ocfa.org. Verify the current process with the agency before scheduling.